47 U.S.C. § 902 — Establishment; assigned functions

Page 371 TITLE 47—TELECOMMUNICATIONS § 902 will cause harmful interference to existing Federal op- erations or non-Federal operations that are regulated by an agency, the following procedures shall be adhered to: (a) The complainant agency, no later than 45 days after learning of the unforeseen risk of harmful inter- ference, shall formally request that NTIA address the matter with FCC for an appropriate remedy, and in that request shall: (i) clearly indicate the manner in which the public in- terest will be implicated or harmed or an agency’s mis- sion will be adversely affected; (ii) present evidence to NTIA that such new use is causing or potentially will cause harmful interference or potential harm to the public interest, including any technical or scientific data that supports that position; and (iii) explain why the complainant agency cannot take steps to ensure mission continuity that are consistent with FCC’s decision. (b) If NTIA believes that the complainant agency has produced sufficient evidence that the new use will risk harmful interference that cannot be reasonably miti- gated without FCC action, it shall, within 60 days of the complainant agency’s request, address FCC under established processes for seeking appropriate relief. If NTIA does not believe that there is sufficient evidence to seek relief from FCC, the complainant agency may invoke the process set forth in sections 5(b) and 5(c) of this memorandum. (c) Before any significant regulatory action directly related to the spectrum subject to license is taken by the complainant agency pursuant to its statutory au- thorities, the regulatory action shall be submitted to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget, as required by sections 3(f) and 6(a)(3) of Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review) [5 U.S.C. 601 note]. SEC. 7. Other Responsibilities of Agencies. Consistent with NTIA’s statutory authorities and to ensure the co- ordination and consistency called for in this memo- randum: (a) Agencies shall expeditiously, and no later than 45 days subsequent to any NTIA request outside of the time frames set by section IV(3) of the August 1, 2022, MOU between NTIA and FCC, respond to and, to the ex- tent possible, share with NTIA any technical and oper- ational information needed to facilitate spectrum co- ordination and policy development. (b) Agencies shall furnish NTIA ‘‘with such informa- tion, support, and assistance, not inconsistent with law, as it may require in the performance of its func- tions, [sic]’’ (47 U.S.C. 904(c)(2)), including coordinating with NTIA on: (i) all relevant information to be considered for filing with FCC; and (ii) any significant regulatory actions to be taken by the agency pursuant to its statutory authorities di- rectly relating to spectrum issues, prior to its submis- sion to OIRA as required by Executive Order 12866. (c) Agencies shall collaborate with NTIA to facilitate long-term spectrum planning, including by sharing in- formation about their current spectrum use and long- term spectrum needs as requested by NTIA. (d) Agencies shall coordinate with NTIA prior to car- rying out any electromagnetic compatibility study or testing plan that the agency seeks to be considered in formulating the views of the executive branch regard- ing spectrum regulatory matters. Coordination with NTIA will ensure the use of consistent methods across the executive branch, promoting reliable findings as well as evidence-based decision-making. Nothing herein is intended to prevent agencies from conducting spec- trum-related studies for internal purposes unrelated to formulating executive branch views on spectrum regu- latory matters. Agencies are strongly encouraged to conduct spectrum-related testing and research in co- operation with NTIA’s Institute for Telecommuni- cation Sciences. (e) Agencies shall favor the development and procure- ment of systems that enable coexistence with other spectrum users. Accordingly, agencies shall ensure that their acquisition processes properly consider spectrum coexistence and access prior to milestone investment decisions. The NTIA shall, in turn, improve its criteria and processes for certification regarding spectrum availability to facilitate spectrum access. SEC. 8. Spectrum Management Principles and Methods. By May 14, 2025, the Secretary of Commerce, working in partnership with the Council, shall publish a report identifying spectrum management principles and meth- ods that will guide the Federal Government in spec- trum studies and science. The report shall identify the coordination guidelines for spectrum studies and iden- tify processes for determining types of studies, criteria, assumptions, and timelines that will be acceptable in decision-making involving the use of Federal spectrum and the use of non-Federal spectrum by agencies. SEC. 9. Revocation. The Presidential Memorandum of October 25, 2018 (Developing a Sustainable Spectrum Strategy for America’s Future) [formerly set out above], is hereby revoked. SEC. 10. Protection of Information. Nothing in this memorandum shall be construed to require the disclo- sure of classified information, law enforcement sen- sitive information, or other information that must be protected in the interests of national security. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Commerce is authorized and di- rected to publish this memorandum in the Federal Reg- ister. J.R. BIDEN, JR. § 902. Establishment; assigned functions (a) Establishment (1) Administration There shall be within the Department of Commerce an administration to be known as the National Telecommunications and Infor- mation Administration. (2) Head of administration The head of the NTIA shall be an Assistant Secretary of Commerce for Communications and Information, who shall be appointed by the President, by and with the advice and con- sent of the Senate. (b) Assigned functions (1) In general Subject to section 904(d) of this title, the Secretary shall assign to the Assistant Sec- retary and the NTIA responsibility for the per- formance of the Secretary’s communications and information functions. (2) Communications and information functions Subject to section 904(d) of this title, the functions to be assigned by the Secretary Page 372 TITLE 47—TELECOMMUNICATIONS § 902 1 See References in Text note below. under paragraph (1) include (but are not lim- ited to) the following functions transferred to the Secretary by Reorganization Plan Number 1 of 1977 and Executive Order 12046: (A) The authority delegated by the Presi- dent to the Secretary to assign frequencies to radio stations or classes of radio stations belonging to and operated by the United States, including the authority to amend, modify, or revoke such assignments, but not including the authority to make final dis- position of appeals from frequency assign- ments. (B) The authority to authorize a foreign government to construct and operate a radio station at the seat of Government of the United States, but only upon recommenda- tion of the Secretary of State and after con- sultation with the Attorney General and the Chairman of the Commission. (C) Functions relating to the communica- tions satellite system, including authority vested in the President by section 201(a) of the Communications Satellite Act of 1962 (47 U.S.C. 721(a)) and delegated to the Secretary under Executive Order 12046, to— (i) aid in the planning and development of the commercial communications sat- ellite system and the execution of a na- tional program for the operation of such a system; (ii) conduct a continuous review of all phases of the development and operation of such system, including the activities of the Corporation; (iii) coordinate, in consultation with the Secretary of State, the activities of gov- ernmental agencies with responsibilities in the field of telecommunications, so as to ensure that there is full and effective com- pliance at all times with the policies set forth in the Communications Satellite Act of 1962 [47 U.S.C. 701 et seq.]; (iv) make recommendations to the Presi- dent and others as appropriate, with re- spect to steps necessary to ensure the availability and appropriate utilization of the communications satellite system for general governmental purposes in con- sonance with section 201(a)(6) of the Com- munications Satellite Act of 1962 (47 U.S.C. 721(a)(6)); 1 (v) help attain coordinated and efficient use of the electromagnetic spectrum and the technical compatibility of the commu- nications satellite system with existing communications facilities both in the United States and abroad; (vi) assist in the preparation of Presi- dential action documents for consideration by the President as may be appropriate under section 201(a) of the Communica- tions Satellite Act of 1962 (47 U.S.C. 721(a)), make necessary recommendations to the President in connection therewith, and keep the President informed with respect to the carrying out of the Communications Satellite Act of 1962 [47 U.S.C. 701 et seq.]; and (vii) serve as the chief point of liaison between the President and the Corpora- tion. (D) The authority to serve as the Presi- dent’s principal adviser on telecommuni- cations policies pertaining to the Nation’s economic and technological advancement and to the regulation of the telecommuni- cations industry. (E) The authority to advise the Director of the Office of Management and Budget on the development of policies relating to the pro- curement and management of Federal tele- communications systems. (F) The authority to conduct studies and evaluations concerning telecommunications research and development and concerning the initiation, improvement, expansion, testing, operation, and use of Federal tele- communications systems and advising agen- cies of the results of such studies and eval- uations. (G) Functions which involve— (i) developing and setting forth, in co- ordination with the Secretary of State and other interested agencies, plans, policies, and programs which relate to inter- national telecommunications issues, con- ferences, and negotiations; (ii) coordinating economic, technical, operational, and related preparations for United States participation in inter- national telecommunications conferences and negotiations; and (iii) providing advice and assistance to the Secretary of State on international telecommunications policies to strengthen the position and serve the best interests of the United States in support of the Sec- retary of State’s responsibility for the conduct of foreign affairs. (H) The authority to provide for the co- ordination of the telecommunications ac- tivities of the executive branch and assist in the formulation of policies and standards for those activities, including (but not limited to) considerations of interoperability, pri- vacy, security, spectrum use, and emergency readiness. (I) The authority to develop and set forth telecommunications policies pertaining to the Nation’s economic and technological ad- vancement and to the regulation of the tele- communications industry. (J) The responsibility to ensure that the views of the executive branch on tele- communications matters are effectively pre- sented to the Commission and, in coordina- tion with the Director of the Office of Man- agement and Budget, to the Congress. (K) The authority to establish policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States. (L) Functions which involve— (i) developing, in cooperation with the Commission, a comprehensive long-range plan for improved management of all elec- tromagnetic spectrum resources; (ii) performing analysis, engineering, and administrative functions, including Page 373 TITLE 47—TELECOMMUNICATIONS § 902 the maintenance of necessary files and data bases, as necessary for the perform- ance of assigned functions for the manage- ment of electromagnetic spectrum re- sources; (iii) conducting research and analysis of electromagnetic propagation, radio sys- tems characteristics, and operating tech- niques affecting the utilization of the elec- tromagnetic spectrum in coordination with specialized, related research and analysis performed by other Federal agen- cies in their areas of responsibility; and (iv) conducting research and analysis in the general field of telecommunications sciences in support of assigned functions and in support of other Government agen- cies. (M) The authority to conduct studies and make recommendations concerning the im- pact of the convergence of computer and communications technology. (N) The authority to coordinate Federal telecommunications assistance to State and local governments. (O) The authority to conduct and coordi- nate economic and technical analyses of telecommunications policies, activities, and opportunities in support of assigned func- tions. (P) The authority to contract for studies and reports relating to any aspect of as- signed functions. (Q) The authority to participate, as appro- priate, in evaluating the capability of tele- communications resources, in recom- mending remedial actions, and in developing policy options. (R) The authority to participate with the National Security Council and the Director of the Office of Science and Technology Pol- icy as they carry out their responsibilities under sections 4–1, 4–2, and 4–3 of Executive Order 12046, with respect to emergency func- tions, the national communication system, and telecommunications planning functions. (S) The authority to establish coordi- nating committees pursuant to section 10 of Executive Order 11556. (T) The authority to establish, as per- mitted by law, such interagency committees and working groups composed of representa- tives of interested agencies and consulting with such departments and agencies as may be necessary for the effective performance of assigned functions. (U) The responsibility to promote the best possible and most efficient use of electro- magnetic spectrum resources across the Fed- eral Government, subject to and consistent with the needs and missions of Federal agen- cies. (3) Additional communications and informa- tion functions In addition to the functions described in paragraph (2), the Secretary under paragraph (1)— (A) may assign to the NTIA the perform- ance of functions under section 504(a) of the Communications Satellite Act of 1962 (47 U.S.C. 753(a)); (B) shall assign to the NTIA the adminis- tration of the Public Telecommunications Facilities Program under sections 390 through 393 of this title, and the National Endowment for Children’s Educational Tele- vision under section 394 of this title; and (C) shall assign to the NTIA responsibility for providing for the establishment, and overseeing operation, of a second-level Inter- net domain within the United States coun- try code domain in accordance with section 941 of this title. (Pub. L. 102–538, title I, § 103, Oct. 27, 1992, 106 Stat. 3534; Pub. L. 107–317, § 3, Dec. 4, 2002, 116 Stat. 2767; Pub. L. 112–96, title VI, § 6410, Feb. 22, 2012, 126 Stat. 234.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Number 1 of 1977, referred to in subsec. (b)(2), is set out in the Appendix to Title 5, Gov- ernment Organization and Employees. Executive Order 12046, referred to in subsec. (b)(2), is set out as a note under section 305 of this title. The Communications Satellite Act of 1962, referred to in subsec. (b)(2)(C)(iii), (vi), is Pub. L. 87–624, Aug. 31, 1962, 76 Stat. 419, which is classified generally to chap- ter 6 (§ 701 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. Section 201(a)(6) of the Communications Satellite Act of 1962, referred to in subsec. (b)(2)(C)(iv), was classified to section 721(a)(6) of this title and was omitted from the Code. Executive Order 11556, referred to in subsec. (b)(2)(S), which was formerly set out as a note under section 305 of this title was revoked by Ex. Ord. No. 12046, set out as a note under section 305 of this title. Section 10 of Ex. Ord. No. 11556 related to advisory committees es- tablished by the Director of the former Office of Tele- communications Policy. AMENDMENTS 2012—Subsec. (b)(2)(U). Pub. L. 112–96 added subpar. (U). 2002—Subsec. (b)(3)(C). Pub. L. 107–317 added subpar. (C). Statutory Notes and Related Subbsidiaries SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION EFFORTS Pub. L. 116–283, div. H, title XCII, § 9203, Jan. 1, 2021, 134 Stat. 4793, provided that: ‘‘(a) INITIAL INTERAGENCY SPECTRUM INFORMATION TECHNOLOGY COORDINATION.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Assistant Secretary of Commerce for Commu- nications and Information, in consultation with the Policy and Plans Steering Group, shall identify a proc- ess to establish goals, including parameters to measure the achievement of such goals, for the modernization of the infrastructure of covered agencies relating to man- aging the use of Federal spectrum by such agencies, which shall include— ‘‘(1) the standardization of data inputs, modeling algorithms, modeling and simulation processes, anal- ysis tools with respect to Federal spectrum, assump- tions, and any other tool to ensure interoperability and functionality with respect to such infrastructure; ‘‘(2) other potential innovative technological capa- bilities with respect to such infrastructure, including cloud-based databases, artificial intelligence tech- nologies, automation, and improved modeling and simulation capabilities; Page 374 TITLE 47—TELECOMMUNICATIONS § 902 ‘‘(3) ways to improve the management of the use of Federal spectrum by covered agencies through such infrastructure, including by— ‘‘(A) increasing the efficiency of such infrastruc- ture; ‘‘(B) addressing validation of usage with respect to such infrastructure; ‘‘(C) increasing the accuracy of such infrastruc- ture; ‘‘(D) validating models used by such infrastruc- ture; and ‘‘(E) monitoring and enforcing requirements that are imposed on covered agencies with respect to the use of Federal spectrum by covered agencies; ‘‘(4) ways to improve the ability of covered agencies to meet mission requirements in congested environ- ments with respect to Federal spectrum, including as part of automated adjustments to operations based on changing conditions in such environments; ‘‘(5) the creation of a time-based automated mecha- nism— ‘‘(A) to share Federal spectrum between covered agencies to collaboratively and dynamically in- crease access to Federal spectrum by such agencies; and ‘‘(B) that could be scaled across Federal spec- trum; and ‘‘(6) the collaboration between covered agencies necessary to ensure the interoperability of Federal spectrum. ‘‘(b) SPECTRUM INFORMATION TECHNOLOGY MODERNIZA- TION.— ‘‘(1) IN GENERAL.—Not later than 240 days after the date of the enactment of this Act, the Assistant Sec- retary of Commerce for Communications and Infor- mation shall submit to Congress a report that con- tains a plan for the National Telecommunications and Information Administration (in this section re- ferred to as the ‘NTIA’) to modernize and automate the infrastructure of the NTIA relating to managing the use of Federal spectrum by covered agencies so as to more efficiently manage such use. ‘‘(2) CONTENTS.—The report required by paragraph (1) shall include— ‘‘(A) an assessment of the current, as of the date on which such report is submitted, infrastructure of the NTIA described in such paragraph; ‘‘(B) an acquisition strategy for the modernized infrastructure of the NTIA described in such para- graph, including how such modernized infrastruc- ture will enable covered agencies to be more effi- cient and effective in the use of Federal spectrum; ‘‘(C) a timeline for the implementation of the modernization efforts described in such paragraph; ‘‘(D) plans detailing how the modernized infra- structure of the NTIA described in such paragraph will— ‘‘(i) enhance the security and reliability of such infrastructure so that the NTIA is in compliance with the requirements of subchapter II of chapter 35 of title 44, United States Code, with respect to such infrastructure; ‘‘(ii) improve data models and analysis tools to increase the efficiency of the spectrum use de- scribed in such paragraph; ‘‘(iii) enhance automation and workflows, and reduce the scope and level of manual effort, in order to— ‘‘(I) administer the management of the spec- trum use described in such paragraph; and ‘‘(II) improve data quality and processing time; and ‘‘(iv) improve the timeliness of spectrum anal- yses and requests for information, including re- quests submitted pursuant to section 552 of title 5, United States Code; ‘‘(E) an operations and maintenance plan with re- spect to the modernized infrastructure of the NTIA described in such paragraph; ‘‘(F) a strategy for coordination between the cov- ered agencies within the Policy and Plans Steering Group, which shall include— ‘‘(i) a description of— ‘‘(I) such coordination efforts, as in effect on the date on which such report is submitted; and ‘‘(II) a plan for coordination of such efforts after the date on which such report is sub- mitted, including with respect to the efforts de- scribed in subsection (c); ‘‘(ii) a plan for standardizing— ‘‘(I) electromagnetic spectrum analysis tools; ‘‘(II) modeling and simulation processes and technologies; and ‘‘(III) databases to provide technical inter- ference assessments that are usable across the Federal Government as part of a common spec- trum management infrastructure for covered agencies; and ‘‘(iii) a plan for each covered agency to imple- ment a modernization plan described in sub- section (c)(1) that is tailored to the particular timeline of such agency; ‘‘(G) identification of manually intensive proc- esses involved in managing Federal spectrum and proposed enhancements to such processes; ‘‘(H) metrics to evaluate the success of the mod- ernization efforts described in such paragraph and any similar future efforts; and ‘‘(I) an estimate of the cost of the modernization efforts described in such paragraph and any future maintenance with respect to the modernized infra- structure of the NTIA described in such paragraph, including the cost of any personnel and equipment relating to such maintenance. ‘‘(c) COVERED AGENCY SPECTRUM INFORMATION TECH- NOLOGY MODERNIZATION.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the head of each covered agency shall submit to the As- sistant Secretary of Commerce for Communications and Information and the Policy and Plans Steering Group a report that describes a plan for such agency to modernize the infrastructure of such agency with respect to the use of Federal spectrum by such agen- cy so that such modernized infrastructure of such agency is interoperable with the modernized infra- structure of the NTIA, as described in subsection (b). ‘‘(2) CONTENTS.—Each report submitted by the head of a covered agency under paragraph (1) shall— ‘‘(A) include— ‘‘(i) an assessment of the current, as of the date on which such report is submitted, management capabilities of such agency with respect to the use of frequencies that are assigned to such agen- cy, which shall include a description of any chal- lenges faced by such agency with respect to such management; ‘‘(ii) a timeline for completion of the mod- ernization efforts described in such paragraph; ‘‘(iii) a description of potential innovative tech- nological capabilities for the management of fre- quencies that are assigned to such agency, as de- termined under subsection (a); ‘‘(iv) identification of agency-specific require- ments or constraints relating to the infrastruc- ture of such agency; ‘‘(v) identification of any existing, as of the date on which such report is submitted, systems of such agency that are duplicative of the mod- ernized infrastructure of the NTIA, as described in subsection (b); and ‘‘(vi) with respect to the report submitted by the Secretary of Defense— ‘‘(I) a strategy for the integration of systems or the flow of data among the Armed Forces, the military departments, the Defense Agencies and Department of Defense Field Activities, and other components of the Department of De- fense; ‘‘(II) a plan for the implementation of solu- tions to the use of Federal spectrum by the De- partment of Defense involving information at multiple levels of classification; and Page 375 TITLE 47—TELECOMMUNICATIONS § 902 ‘‘(III) a strategy for addressing, within the modernized infrastructure of the Department of Defense described in such paragraph, the ex- change of information between the Department of Defense and the NTIA in order to accomplish required processing of all Department of De- fense domestic spectrum coordination and man- agement activities; and ‘‘(B) be submitted in an unclassified format, with a classified annex, as appropriate. ‘‘(3) NOTIFICATION OF CONGRESS.—Upon submission of a report under paragraph (1), the head of a covered agency shall notify Congress that such report has been submitted. ‘‘(d) GAO OVERSIGHT.—The Comptroller General of the United States shall— ‘‘(1) not later than 180 days after the date of the en- actment of this Act, conduct a review of the infra- structure of covered agencies, as such infrastructure exists on the date of the enactment of this Act; ‘‘(2) upon submission of all of the reports required by subsection (c), begin conducting oversight of the implementation of the modernization plans sub- mitted by the Assistant Secretary and covered agen- cies under subsections (b) and (c), respectively; ‘‘(3) not later than 2 years after the date on which the Comptroller General begins conducting oversight under paragraph (2), and biennially thereafter until December 31, 2030, submit a report regarding such oversight to— ‘‘(A) with respect to the implementation of the modernization plan of the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and ‘‘(B) with respect to the implementation of the modernization plans of all covered agencies, includ- ing the Department of Defense, the Committee on Commerce, Science, and Transportation of the Sen- ate and the Committee on Energy and Commerce of the House of Representatives; and ‘‘(4) until December 31, 2030, provide regular brief- ings to— ‘‘(A) with respect to the application of this sec- tion to the Department of Defense, the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives; and ‘‘(B) with respect to the application of this sec- tion to all covered agencies, including the Depart- ment of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered agency’— ‘‘(A) means any Federal entity that the Assistant Secretary of Commerce for Communications and Information determines is appropriate; and ‘‘(B) includes the Department of Defense. ‘‘(2) The term ‘Federal entity’ has the meaning given such term in section 113(l) of the National Tele- communications and Information Administration Or- ganization Act (47 U.S.C. 923(l)). ‘‘(3) The term ‘Federal spectrum’ means frequencies assigned on a primary basis to a covered agency. ‘‘(4) The term ‘infrastructure’ means information technology systems and information technologies, tools, and databases.’’ PILOT PROGRAM FOR DIGITAL AND WIRELESS NETWORKS FOR ONLINE EDUCATIONAL PROGRAMS OF STUDY Pub. L. 110–161, div. B, title V, § 536, Dec. 26, 2007, 121 Stat. 1932, as amended by Pub. L. 110–315, title IX, § 941(k)(2)(N), Aug. 14, 2008, 122 Stat. 3468, provided that: ‘‘This section may be cited as the ‘ED 1.0 Act’. ‘‘(a) In this section: ‘‘(1) The term ‘Administrator’ means the Admin- istrator of the National Telecommunications and Information Administration. ‘‘(2) The term ‘eligible educational institution’ means an institution that is— ‘‘(A) a historically Black college or university; ‘‘(B) a Hispanic-serving institution as that term is defined in section 502(a)(5) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1101a(a)(5)); ‘‘(C) a tribally controlled college or university as that term is defined in section 2(a)(4) of the Tribally Controlled Colleges and Universities As- sistance Act of 1978 (25 U.S.C. 1801(a)(4)); ‘‘(D) an Alaska Native-serving institution as that term is defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or ‘‘(E) a Native Hawaiian-serving institution as that term is defined in section 317(b)(4) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(4)). ‘‘(3) The term ‘historically Black college or uni- versity’ means a part B institution as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). ‘‘(b)(1)(A) There is established within the National Telecommunications and Information Administra- tion a pilot program under which the Administrator shall award 9 grants to eligible educational institu- tions to enable the eligible educational institutions to develop digital and wireless networks for online educational programs of study within the eligible educational institutions. The Administrator shall award not less than 1 grant to each type of eligible educational institution, enumerated under subsection (a)(2). ‘‘(B)(i) The Administrator shall award a total of 9 grants under this subsection. ‘‘(ii) The Administrator shall make grant payments under this subsection in the amount of $500,000. ‘‘(2)(A) In awarding grants under this subsection the Administrator shall give priority to an eligible educational institution that, according to the most recent data available (including data available from the Bureau of the Census), serves a county, or other appropriate political subdivision where no counties exist— ‘‘(i) in which 50 percent of the residents of the county, or other appropriate political subdivision where no counties exist, are members of a racial or ethnic minority; ‘‘(ii) in which less than 18 percent of the residents of the county, or other appropriate political sub- division where no counties exist, have obtained a baccalaureate degree or a higher education; ‘‘(iii) that has an unemployment rate of 7 percent or greater; ‘‘(iv) in which 20 percent or more of the residents of the county, or other appropriate political sub- division where no counties exist, live in poverty; ‘‘(v) that has a negative population growth rate; or ‘‘(vi) that has a family income of not more than $32,000. ‘‘(B) In awarding grants under this subsection the Administrator shall give the highest priority to an eligible educational institution that meets the great- est number of requirements described in clauses (i) through (vi) of subparagraph (A). ‘‘(3) An eligible educational institution receiving a grant under this subsection may use the grant funds— ‘‘(A) to acquire equipment, instrumentation, net- working capability, hardware, software, digital net- work technology, wireless technology, or wireless infrastructure; ‘‘(B) to develop and provide educational services, including faculty development; or ‘‘(C) to develop strategic plans for information technology investments. ‘‘(4) The Administrator shall not require an eligible educational institution to provide matching funds for a grant awarded under this subsection. Page 376 TITLE 47—TELECOMMUNICATIONS § 903 ‘‘(5)(A) The Administrator shall consult with the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Sen- ate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, on a quarterly basis regarding the pilot program assisted under this subsection. ‘‘(B) Not later than 1 year after the date of enact- ment of this section [Dec. 26, 2007], the Administrator shall submit to the committees described in subpara- graph (A) a report evaluating the progress of the pilot program assisted under this subsection. ‘‘(c) There are authorized to be appropriated to carry out this section $4,500,000 for each of fiscal years 2008 and 2009. ‘‘(d) The Administrator shall carry out this section only with amounts appropriated in advance specifi- cally to carry out this section.’’ STUDY OF TECHNOLOGY PROTECTION MEASURES Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1703], Dec. 21, 2000, 114 Stat. 2763, 2763A–336, provided that: ‘‘(a) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act [Dec. 21, 2000], the Na- tional Telecommunications and Information Adminis- tration shall initiate a notice and comment proceeding for purposes of— ‘‘(1) evaluating whether or not currently available technology protection measures, including commer- cial Internet blocking and filtering software, ade- quately addresses the needs of educational institu- tions; ‘‘(2) making recommendations on how to foster the development of measures that meet such needs; and ‘‘(3) evaluating the development and effectiveness of local Internet safety policies that are currently in operation after community input. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) TECHNOLOGY PROTECTION MEASURE.—The term ‘technology protection measure’ means a specific technology that blocks or filters Internet access to visual depictions that are— ‘‘(A) obscene, as that term is defined in section 1460 of title 18, United States Code; ‘‘(B) child pornography, as that term is defined in section 2256 of title 18, United States Code; or ‘‘(C) harmful to minors. ‘‘(2) HARMFUL TO MINORS.—The term ‘harmful to mi- nors’ means any picture, image, graphic image file, or other visual depiction that— ‘‘(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or ex- cretion; ‘‘(B) depicts, describes, or represents, in a pat- ently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or per- verted sexual acts, or a lewd exhibition of the geni- tals; and ‘‘(C) taken as a whole, lacks serious literary, ar- tistic, political, or scientific value as to minors. ‘‘(3) SEXUAL ACT; SEXUAL CONTACT.—The terms ‘sex- ual act’ and ‘sexual contact’ have the meanings given such terms in section 2246 of title 18, United States Code.’’ § 903. Spectrum management activities (a) Revision of regulations Within 180 days after October 27, 1992, the Sec- retary of Commerce and the NTIA shall amend the Department of Commerce spectrum manage- ment document entitled ‘‘Manual of Regulations and Procedures for Federal Radio Frequency Management’’ to improve Federal spectrum management activities and shall publish in the Federal Register any changes in the regulations in such document. (b) Requirements for revisions The amendments required by subsection (a) shall— (1) provide for a period at the beginning of each meeting of the Interdepartmental Radio Advisory Committee to be open to the public to make presentations and receive advice, and provide the public with other meaningful op- portunities to make presentations and receive advice; (2) include provisions that will require (A) publication in the Federal Register of major policy proposals that are not classified and that involve spectrum management, and (B) adequate opportunity for public review and comment on those proposals; (3) include provisions that will require publi- cation in the Federal Register of major policy decisions that are not classified and that in- volve spectrum management; (4) include provisions that will require that nonclassified spectrum management informa- tion be made available to the public, including access to electronic databases; and (5) establish procedures that provide for the prompt and impartial consideration of re- quests for access to Government spectrum by the public, which procedures shall include pro- visions that will require the disclosure of the status and ultimate disposition of any such re- quest. (c) Certification to Congress Not later than 180 days after October 27, 1992, the Secretary of Commerce shall certify to Con- gress that the Secretary has complied with this section. (d) Radio services (1) Assignments for radio services In assigning frequencies for mobile radio services and other radio services, the Sec- retary of Commerce shall promote efficient and cost-effective use of the spectrum to the maximum extent feasible. (2) Authority to withhold assignments The Secretary of Commerce shall have the authority to withhold or refuse to assign fre- quencies for mobile radio service or other radio service in order to further the goal of making efficient and cost-effective use of the spectrum. (3) Spectrum plan By October 1, 1993, the Secretary of Com- merce shall adopt and commence implementa- tion of a plan for Federal agencies with exist- ing mobile radio systems to use more spec- trum-efficient technologies that are at least as spectrum-efficient and cost-effective as readily available commercial mobile radio sys- tems. The plan shall include a time schedule for implementation. (4) Report to Congress By October 1, 1993, the Secretary of Com- merce shall submit to the Committee on Com- merce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the plan adopted under